Cavananghi & Wedemeyer, acting for the State FoodCommissioner, Elliot O. Grosvenor, applied to the circuit court Saturday to compel Jnstic Duffy to entertain a complaint against an Aun Arbor grocer on the charge of selling oleomargarine nofc colored in accordance with the state law. The application for a mandamus is undoubtedly for the purpose of testing the constitutionality of the law which has never been before the supreme court and tbe case will eventually land in that court. The law in question is not the one requiring oleomargarine to be labeled and sold as such, as the grocer in this city case sold Mi. Grosvenor what he called for in a package properly labeled, but it was not the oolor that the law prescribed, and the question to be tested is whether the legislature has the power to say that oleomargarine shall be of a certain eolor.The petition for the rnaudamus says : " Your petitioner Elliot O. Grosvenor, respectfully shows to the court that he is the dairy and food commissionr of the state of Michigan. That on the 7th day of February, A. D. J899, he presented to John L. Duffy, a jnstice of the peace of the city of Ann Arbor, in said county of Washtenaw at the city of Ann Arbor, the complaint which is hereto annexed and offered to swear thereto and to produce witnesses in support thereof, but the said justice then and there refused to entertain said complaint or to examine any witnesses iii support thereof. ' ' On this showing judge Kinne is asked to issue a writ of mandamos commanding Justice Duffy to entertain such complaint The complaint which the justice refused to entertain was made by Food Commissioner Grosvenor Feb. 3, and was that on Jan. 11 Caspar Rinsey snld him a ponnd of oleomargarine which was then and there an imitation of a rich June butter. The oleomargarine was labeled "oleomargarine"and stamped with the seller's name and the tub and wrapper contained the name and the nddress of the mannfacturer. Grosvenor asked for oleomargarine and the Mticle was sold to him as such.